BHARAT NAGDA Vs. A.K. BHASKARAN

JUDGEMENT

(1.) Instant writ petition has been preferred, feeling aggrieved of the order dated 14.10.2019, passed by District Judge, Dungarpur (hereinafter referred to as the 'trial Court '), whereby the application filed by the plaintiff - respondent under Order XVIII Rule 17 of the Code of Civil Procedure has been allowed.

(2.) The facts succinctly stated are that the respondent - A.K. Bhaskaran instituted a suit for declaration of the general power of attorney and consequential gift deed to be null and void. During pendency of the suit, PW.1 - Shri Manish M. Pailli appeared and led his evidence on behalf of the plaintiff; though another affidavit of the plaintiff had been filed, but since he could not appear, the plaintiff 's evidence was closed on 01.07.2019.

(3.) The defendants also led their evidence and when the matter reached the stage of final hearing, the plaintiff moved an application on 23.09.2019 under Order XVIII Rule 17 of the Code and submitted that though the plaintiff had filed an affidavit in evidence on 25.02.2019, but since he was ill, he had to go to his native place at Kerala, for which he could not appear before the Court to complete his evidence. A leave was thus sought that his evidence be completed, by the subject application.